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MATTER OF ASTOR

13 Misc.3d 862 (2006)

827 N.Y.S.2d 530

In the Matter of PHILLIP MARSHALL, Petitioner, for the Appointment of a Guardian for the Person and Property of BROOKE ASTOR, an Alleged Incapacitated Person.

Supreme Court, New York County.

September 18, 2006.

Attorney(s) appearing for the Case

Freedman, Fish & Grimaldi, LLP, New York City (Daniel G. Fish of counsel), and Leslie Gordon Fagin, New York City, for JP Morgan Chase, N.A. Greenfield Stein & Senior, LLP, New York City (Harvey E. Corn of counsel), for Anthony Marshall. Goldfarb Abrandt Salzman & Kutzin, New York City (Ira Salzman of counsel), for Phillip Marshall.

Miller, Canfield, Paddock & Stone, PLC, New York City (Susan I. Robbins of counsel), for Brooke Astor.

Cravath, Swaine & Moore LLP, New York City (Paul C. Saunders of counsel), for Annette de la Renta.

OPINION OF THE COURT

JOHN E.H. STACKHOUSE, J.

JPMorgan Chase, N.A., the temporary guardian of the property of Brooke Astor, moves to expand its powers beyond those granted by the court's July 21, 2006 order. Specifically, the bank seeks to conduct testimonial and document discovery of parties and third parties concerning recent transfers from Mrs. Astor's assets, and to commence litigation to recover assets, if appropriate. The bank also seeks approval for...

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